In Rutherford and another v Secretary of State for Trade and Industry, the Court of Appeal holds that an employment tribunal erred in law in holding that the upper age limit default provisions in the Employment Rights Act 1996 relating to unfair dismissal and redundancy payments were indirectly discriminatory against men.

The Court of Appeal has upheld the EAT's decision that the statutory exclusion from employment rights for over-65s is lawful, in the most recent decision in the long-running case of Rutherford and another v Secretary of State for Trade and Industry (formerly against Harvest Town Circle Ltd and others).

In Rutherford and another v Secretary of State for Trade and Industry (No.2) (3 September 2004), the Court of
Appeal upholds the EAT's decision that the statutory upper age limit of 65 on
the rights to claim unfair dismissal and redundancy pay is not indirectly
discriminatory against men.

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